Internet Archive’s digital book lending violates copyrights, US judge rules

By Blake Brittain and Nate Raymond

According to a U.S. judge, an online library run by the nonprofit company Internet Archive violated the rights of four significant American publishers by dispersing online scanned copies of their publications.

The decision was made by U.S. District Judge John Koeltl on Friday in Manhattan as part of a closely watched legal battle to see if Internet Archive could give out authors’ and publishers’ plays that were covered by US copyright laws.

Over the past ten years, the San Francisco-based non-profit has scanned millions of write books and distributed free digital files. 3.6 million people are covered by legitimate rights, despite the fact that many are in the social sector.

That includes 33, 000 books from the four producers, including Penguin Random House by Bertelsmann SE & Co., Hachette Book Group by Lagardere SCA, HarperCollins Publishers by News Corp.

They filed a lawsuit in 2020 over 127 books, following Internet Archive’s expansion of borrowing with the COVID-19 pandemic, which forced brick-and-mortar libraries to close by raising restrictions on the number of people who may borrow books at once.

The nonprofit, which collaborates with conventional books, has since resumed what it refers to as” controlled modern financing.”

Presently, it hosts about 70, 000 daily” takes” e-books.

It claimed that the theory of” fair use ,” which permits the unregulated use of other people’s copyrighted works in some situations, protected its techniques.

However, Koeltl claimed that Internet Archive’s digital book copies were not” transformative” and would not require” fair use” protection; rather, they merely replaced the authorized copies that publishers themselves had licensed to traditional libraries.

IA does not have the authority to check those books and give the modern copies in large quantities, despite the fact that it has the right to give print books it freely acquired.

The decision, according to Internet Archive,” holds up access to information in the modern era, harming all readers outside ,” prompted an appeal.

The decision, according to Association of American Publishers’ Maria Pallante,” underscored the significance of authors, publishers, and innovative markets in a regional society.”

( Edited by Michael Perry and Jason Neely, with reporting by Nate Raymond in Boston and Blake Brittain in Washington. )

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